Constitutional Law
Feature
Judging Firearms Evidence and the Rule 702 Amendments
by Brandon Garrett, Nicholas Scurich, Eric Tucker and Hannah Bloom
Vol. 107 No. 2 (2023) | Generative AI in the CourtsForensic firearms identification involves linking evidence collected from crime scenes — namely, fired cartridge casings and bullets — to a particular firearm. Two assumptions underlie this identification process: First, firearms […]
Feature
Plea Bargains: Efficient or Unjust?
by Carissa Byrne Hessick, Jeffrey Bellin, Elana Fogel, Anjelica Hendricks, Erin Blondel and John Flynn
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationThe vast majority of state and federal cases end in plea bargains. The practice has eased backlogs and may benefit some defendants — but the trade-offs, some say, are too […]
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Reforming the Electoral Count Act, Safeguarding the Vote
by David F. Levi, Bob Bauer and Jack L. Goldsmith
Vol. 106 No. 2 (2022) | Losing faith?At the invitation of the leaders of The American Law Institute (ALI), a group of legal experts representing a range of legal and political views has developed a slate of […]
In Conversation
Designing Constitutions for a Lasting Democracy
by Elisabeth Perham and Donald L. Horowitz
Judicature International (2021-22) | An online-only publicationDonald L. Horowitz, a leading expert in constitutional law, talks with Elisabeth Perham about what it takes to craft a successful modern-day constitution.
Book Review
Book Review: Madison’s Music
by Melissa Hart
Vol. 100 No. 3 (2016) | Who appointed me god?In Madison’s Music: On Reading the First Amendment, Burt Neuborne, the Inez Milholland Professor of Civil Liberties and the founding legal director of the Brennan Center for Justice at NYU Law School, […]
Feature
The Future of the U.S. Presidency
by David F. Levi, David Kennedy, Daphna Renan, Jack L. Goldsmith and Terry M. Moe
Vol. 105 No. 1 (2021) | The Courts HeldWhat will be the legacy of the Trump presidency? Was this administration uniquely tumultuous because of Donald Trump’s personality and beliefs? Or are there other external forces or circumstances at […]
Feature
Why We Read the Scalia Opinion First
Vol. 101 No. 1 (2017) | Citizen-centered CourtsWriting about Justice Antonin Scalia’s writing is a daunting project indeed. The Justice plainly had a gift that is perhaps better savored than analyzed. As one privileged to be his […]
Feature
Foundations of U.S. Federalism
by Lee Rosenthal and Gregory P. Joseph
Vol. 101 No. 1 (2017) | Citizen-centered CourtsWhat precisely is American federalism? In their seminal work on federal jurisdiction, Felix Frankfurter and Wilber Katz allude to a “dynamic struggle” between federal and state power, the ebb and […]
A Finer Point
Empty Chairs
Vol. 104 No. 3 (2020-21) | Judges on the MarchThe sudden deaths of United States Supreme Court Associate Justice Ruth Bader Ginsburg and Associate Justice Antonin Scalia ignited political firestorms regarding the appropriate timeline for confirming a new justice […]
Book Review
Reforming the Presidency: How Far is Far Enough?
by William G. Howell and Terry M. Moe
Vol. 104 No. 3 (2020-21) | Judges on the MarchDonald Trump will soon leave the White House. And when he does, Bob Bauer and Jack Goldsmith tell us, reform is in order. Trump’s attacks on institutions and political opponents, […]

